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Bosnian genocide case
The Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro) [2007] ICJ 2, commonly known as the Bosnian Genocide Case, is a public international law case decided by the International Court of Justice.
The claim filed by Dr. Francis Boyle, an adviser to Alija Izetbegović during the Bosnian War, alleged that Serbia had attempted to exterminate the Bosniak (Bosnian Muslim) population of Bosnia and Herzegovina. The case was heard in the International Court of Justice (ICJ) in The Hague, Netherlands. Oral hearings began on 27 February 2006 and concluded on 9 May 2006.
The Respondent, Serbia and Montenegro ("Serbia") first raised an issue of jurisdiction. Serbia contends that the ICJ has no jurisdiction over it as it was not a continuator State of Socialist Federal Republic of Yugoslavia ("SFRY"). As such, it was not party to the Genocide Convention when the then proceedings were instituted, neither was it party to the Statute of the Court. Bosnia and Herzegovina ("Bosnia") argues that res judicata applies, as the issues raised by Serbia has already been resolved in the 1996 Judgment of the same set of proceedings that dealt with preliminary objections. The Court ruled that res judicata applies to preclude reconsideration of the jurisdictional issues raised by Serbia.
The second major contention pertains to the scope and meaning of Article IX of the Genocide Convention.
There was a dispute about the obligations of Treaty Parties. Yugoslavia submitted to the ICJ an argument that the only obligations of the state parties to the convention are to prevent and punish genocide by legislation, prosecution or extradition. Yugoslavia's argument that the state party could not be held responsible itself for acts of genocide was rejected by the ICJ.
The Court held that interpretation of the Convention turns on the ordinary meaning of its terms read in their context and in light of its object and purpose. The Court notes that the purpose of the convention is to criminalize genocide as crime under international law, and to enshrine an unqualified, independent undertaking by the contracting parties to prevent and punish genocide. On these observations, the Court held that the obligation to prevent genocide necessarily implies the prohibition of the commission of genocide, as "it would be paradoxical if States were thus under an obligation to prevent, so far as within their power, commission of genocide by persons over whom they have a certain influence, but were not forbidden to commit such acts through their own organs, persons over whom they have such firm control that their conduct is attributable to the State concerned under international law.".
The ICJ held that the Srebrenica massacre was a genocide. It stated the following:
The Court concludes that the acts committed at Srebrenica falling within Article II (a) and (b) of the Convention were committed with the specific intent to destroy in part the group of the Muslims of Bosnia and Herzegovina as such; and accordingly that these were acts of genocide, committed by members of the VRS in and around Srebrenica from about 13 July 1995.
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Bosnian genocide case
The Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro) [2007] ICJ 2, commonly known as the Bosnian Genocide Case, is a public international law case decided by the International Court of Justice.
The claim filed by Dr. Francis Boyle, an adviser to Alija Izetbegović during the Bosnian War, alleged that Serbia had attempted to exterminate the Bosniak (Bosnian Muslim) population of Bosnia and Herzegovina. The case was heard in the International Court of Justice (ICJ) in The Hague, Netherlands. Oral hearings began on 27 February 2006 and concluded on 9 May 2006.
The Respondent, Serbia and Montenegro ("Serbia") first raised an issue of jurisdiction. Serbia contends that the ICJ has no jurisdiction over it as it was not a continuator State of Socialist Federal Republic of Yugoslavia ("SFRY"). As such, it was not party to the Genocide Convention when the then proceedings were instituted, neither was it party to the Statute of the Court. Bosnia and Herzegovina ("Bosnia") argues that res judicata applies, as the issues raised by Serbia has already been resolved in the 1996 Judgment of the same set of proceedings that dealt with preliminary objections. The Court ruled that res judicata applies to preclude reconsideration of the jurisdictional issues raised by Serbia.
The second major contention pertains to the scope and meaning of Article IX of the Genocide Convention.
There was a dispute about the obligations of Treaty Parties. Yugoslavia submitted to the ICJ an argument that the only obligations of the state parties to the convention are to prevent and punish genocide by legislation, prosecution or extradition. Yugoslavia's argument that the state party could not be held responsible itself for acts of genocide was rejected by the ICJ.
The Court held that interpretation of the Convention turns on the ordinary meaning of its terms read in their context and in light of its object and purpose. The Court notes that the purpose of the convention is to criminalize genocide as crime under international law, and to enshrine an unqualified, independent undertaking by the contracting parties to prevent and punish genocide. On these observations, the Court held that the obligation to prevent genocide necessarily implies the prohibition of the commission of genocide, as "it would be paradoxical if States were thus under an obligation to prevent, so far as within their power, commission of genocide by persons over whom they have a certain influence, but were not forbidden to commit such acts through their own organs, persons over whom they have such firm control that their conduct is attributable to the State concerned under international law.".
The ICJ held that the Srebrenica massacre was a genocide. It stated the following:
The Court concludes that the acts committed at Srebrenica falling within Article II (a) and (b) of the Convention were committed with the specific intent to destroy in part the group of the Muslims of Bosnia and Herzegovina as such; and accordingly that these were acts of genocide, committed by members of the VRS in and around Srebrenica from about 13 July 1995.